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United States v. Kirkwood

May 21, 2009

UNITED STATES OF AMERICA
v.
STEPHEN W. KIRKWOOD SOCIAL SECURITY NO. 6 4 4 1 STEPHEN WAYNE KIRKWOOD (TRUE NAME) (LAST 4 DIGITS)



JUDGMENT AND PROBATION/COMMITMENT ORDER MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this date. 05 18 2009

W WITH COUNSEL STEPHEN A. DeSALES, Retained

(Name of Counsel)

W GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO

CONTENDERE NOT

GUILTY

There being a finding/verdict of W GUILTY, defendant has been convicted as charged of the offense(s) of: False

Statements/Entries in Violation of (18 U.S.C. § 1001), Aiding and Abetting and Causing an Act to be Done in Violation of (18 U.S.C. § 2), as charged in Counts 1 and 2 of the Information.

The Court asked whether defendant had anything to say why judgment should not be pronounced and the defendant addressed the Court. Because no sufficient cause to the contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that:

The defendant shall pay to the United States a special assessment of $100, which is due immediately.

Pursuant to U.S.S.G. § 5E1.2(e) of the Guidelines, all fines are waived as it is found that the defendant does not have the ability to pay a fine.

Pursuant to 18 USC3663A, it is ordered that the defendant shall pay restitution in the total amount of $1,589,768 to the victim as set forth in a separate victim list prepared by the probation office which this Court adopts and which reflects the Court's determination of the amount of restitution due to the victim. The victim list, which shall be forwarded to the fiscal section of the clerk's office, shall remain confidential to protect the privacy interests of the victim.

A partial payment of $4,000 shall be paid within 60 days of sentencing. Restitution shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of restitution remains unpaid after release from custody, monthly installments of at least $500, shall be made during the period of supervised release and shall begin 60 days after the commencement of supervision.

The defendant shall be held jointly and severally liable with co-participants, Elroy Giddens, John Varner, Kathy Kilmer (Docket No. CR07-00028-VAP), and Raul Roque Robles (Docket No. CR07-00036-VAP), for the amount of restitution ordered in this judgment.

The defendant shall comply with General Order No. 01-05.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Stephen W. Kirkwood, is hereby committed on Counts 1 and 2 of the Information to the custody of the Bureau of Prisons, to be imprisoned for a term of 15

15 months on both Counts 1 and 2, to be served concurrently.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term consists of three years on each of Counts 1 and 2, all such terms to run concurrently and under the following terms and conditions:

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;

During the period of community supervision the defendant shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment;

The defendant shall not engage, as whole or partial owner, employee or otherwise, in any business involving loan programs involving the Federal Housing Authority or the Department of Housing and Urban Development, without the express approval of the Probation Officer prior to engagement in such employment;

As directed by the Probation Officer, the defendant shall apply monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the ...


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